Evidence Commons^™

Evidence, Marc T. Treadwell

Mercer Law Review

This survey period saw no dramatic developments. The necessity exception to the hearsay rule continued to catch within its net statements that, a generation ago, would never have seen the light of a courtroom day. However, there were hints that some appellate justices and judges are becoming increasingly uncomfortable with the broad scope of the necessity exception. With regard to expert testimony, Georgia courts continued their refusal to adopt Daubert v. Merrell Dow Pharmaceuticals, Inc., perhaps because of a reluctance to impose on trial court judges the tremendous burden of microscopic analysis of proffered expert testimony.

Apologies And Legal Settlement: An Empirical Examination, Jennifer K. Robbennolt

Michigan Law Review

It is often said that U.S. legal culture discourages apologies. Defendants, defense counsel, and insurers worry that statements of apology will be admissible at trial and will be interpreted by jurors and judges as admissions of responsibility. In recent years, however, several legal commentators have suggested that disputants in civil lawsuits should be encouraged to apologize to opposing parties. They claim that apologies will avert lawsuits and promote settlement. Consistent with this view, legislatures in several states have enacted statutes that are intended to encourage and protect apologies by making them inadmissible. In addition, some commentators argue that defendants might …

Criminal Law, Marla Graff Decker, Stephen R. Mccullough

University of Richmond Law Review

No abstract provided.

Life Sciences, Technology, And The Law - Symosium Transcript - March 7, 2003, Philip R. Reilly, David H. Kaye, Jonathan J. Koehler, Richard O. Lempert

Michigan Telecommunications & Technology Law Review

Life sciences, Technology, and the Law Symposium held at the University of Michigan Law School Friday, March 7, 2003

Reporter's Privilege In Utah, Edward L. Carter

Brigham Young University Journal of Public Law

No abstract provided.

Life After Death Row: Preventing Wrongful Capital Convictions And Restoring Innocence After Exoneration, Jean C. Blackerby

Vanderbilt Law Review

In Gregg v. Georgia, the Supreme Court overturned its ruling in Furman v. Georgia and held that the death penalty, as administered by the states, was not per se "cruel and unusual punishment" in violation of the Eighth Amendment.' Yet errors continue to occur at an alarming rate in the capital punishment system-over one hundred death row inmates have been released pursuant to evidence of actual innocence since 1973. Indeed, the number of death row exonerations has been steadily increasing in recent years.

Of those exonerations, DNA testing played a substantial role in twelve. Many more have benefited from the …

Remedying Judicial Foot-In-Mouth Disease: Nevada's Prohibitions Against Judicial Commentary On Evidence And The Rule Of Harmless Error, Andrew F. Dixon

Nevada Law Journal

No abstract provided.

A Review Of China's New Civil Evidence Law, Paul J. Schmidt

Washington International Law Journal

On December 21, 2001, China's Supreme People's Court promulgated landmark rules concerning the production and use of evidence in civil cases. These rules became effective on April 1, 2002 and apply to legal actions initiated after that date. The rules apply in all Chinese courts, from the high and intermediate level courts found at the provincial and prefecture level, down to the basic level courts found in rural counties and in urban districts. Of the eighty-three newly promulgated rules, more than half concern procedures for exchanging, confronting, investigating, or discovering evidence. Eleven are strict rules of evidence. The remainder is …

A Review Of China's New Civil Evidence Law, Paul J. Schmidt

Washington International Law Journal

On December 21, 2001, China's Supreme People's Court promulgated landmark rules concerning the production and use of evidence in civil cases. These rules became effective on April 1, 2002 and apply to legal actions initiated after that date. The rules apply in all Chinese courts, from the high and intermediate level courts found at the provincial and prefecture level, down to the basic level courts found in rural counties and in urban districts. Of the eighty-three newly promulgated rules, more than half concern procedures for exchanging, confronting, investigating, or discovering evidence. Eleven are strict rules of evidence. The remainder is …

The Epistemology Of Prediction: Future Dangerousness Testimony And Intellectual Due Process, Erica Beecher-Monas

Washington and Lee Law Review

No abstract provided.

Cartoon Criminals: The Unclear Future Of Computer Animation In The Minnesota Criminal Courtroom—State V. Stewart, Katherine A. Godden

William Mitchell Law Review

This article examines the development of computerized animation and its use in the legal field. It then analyzes the Minnesota Supreme Court's holding in Stewart and the consequences of that ruling. Finally, the article concludes that the court's decision failed to delineate a test for the district courts to apply when faced with the use of computerized animation in a criminal case.

The Role Of Workplace Culture Evidence In Hostile Workplace Environment Sexual Harassment Litigation: Does Title Vii Mean New Management Or Just Business As Usual?, Christopher Massaro

NYLS Law Review

No abstract provided.

Revoking Our Privileges: Federal Law Enforcement's Multi-Front Assault On The Attorney-Client Privilege (And Why It Is Misguided), Lance Cole

Villanova Law Review

No abstract provided.

Ohio's Patient-Physician Privilege: Whether Planned Parenthood Is A Protected Party, Melissa O'Neill

Journal of Law and Health

This article will suggest that under Ohio's patient-physician privilege, the results of pregnancy tests that are administered at Planned Parenthood clinics will not be considered privileged or confidential information, unless the test is administered by a physician and is later used by a physician in treatment of the woman. In particular, this article will briefly examine the history of a right to medical privacy, the development of the patient-physician privilege and the origin of Planned Parenthood . The notion of very intimate details of a person's health, including diseases, conditions, diagnoses and prognoses being readily available to whoever would like …

Evidence: Is Oklahoma Balancing The Scales Of Justice By Tying The Hands Of Trial Judges?: The 2002 Amendment To Section 2403 Of The Oklahoma Evidence Code Mandating Admission Of In-Life Victim Photographs In Homicide Cases, Liesa L. Richter

Oklahoma Law Review

No abstract provided.

Evidence Teaching Wisdom: A Survey, Calvin William Sharpe

Seattle University Law Review

This Survey secures data on the methods American law school faculty use to teach the law of evidence. The Survey provides insight into the teaching of evidence and facilitates discourse among evidence faculty on how we teach the course, for the benefit of new or occasional instructors as well as veterans. Specifically, the Survey focuses on the question of which classroom instruction approach predominates among evidence professors.

A Unilateral Hope: Reliance On The Clemency Process As A Trigger For A Right Of Access To State-Held Dna Evidence, Ryan Dietrich

Maryland Law Review

No abstract provided.

A Three-Dimensional Model For The Use Of Expert Psychiatric And Psychological Evidence In False Confession Defenses Before The Trier Of Fact, Major Joshua E. Kastenberg

Seattle University Law Review

Part I of this Article delineates a defendant's right to present voluntariness and credibility evidence against his or her confession. This section analyzes the basic constitutional framework of how a defendant can present this evidence and describes the traditional safeguards against false confessions. This background information provides a context for the overarching issue of expert testimony admissibility. Part II provides a basic understanding of differences between the psychiatric (medical model) and psychological (social model) approach to false confessions. It then examines the types of false confession defenses used by defendants and the interrogation techniques challenged by defendants. Part III reviews …

Constructing Products Liability: Reforms In Theory And Procedure, Frank J. Vandall

Villanova Law Review

No abstract provided.

Blending Criminal Procedure At The Ad Hoc Tribunals, William A. Schabas

Michigan Journal of International Law

Review of International Criminal Evidence by Richard May & Marieke Wierda

The Admissibility Of Expert Testimony In Washington On Post Traumatic Stress Disorder And Related Trauma Syndromes: Avoiding The Battle Of The Experts By Restoring The Use Of Objective Psychological Testimony In The Courtroom, Dr. Brett C. Trowbridge

Seattle University Law Review

This Article focuses on three types of syndrome evidence-rape trauma syndrome, child abuse syndromes, and battered person syndrome-all of which seem to be closely related to the diagnosis of post traumatic stress disorder (PTSD). Part II provides background regarding the Frye test, explains how mental disorders are defined in the manual clinicians use, DSM-IV-TR, and outlines PTSD and associated syndromes. Parts III, IV, V, and VI address both legal and psychological concerns regarding specific syndromes and identify what types of testimony Washington law allows in each of these three areas. Part VII discusses the concerns regarding the scientific validity of …

Of Course We Believe You, But - The Third Circuit's Position On Corroboration Of Credible Testimony, Brian P. Downey, Angelo, A. Stio Iii

Villanova Law Review

No abstract provided.